Bannock County commissioners approve transfer of development right for 4.3-acre parcel despite neighbor objections

The Bannock County Board of Commissioners voted to approve a transfer of development rights that will allow a dwelling to be built on an approximately 4.3-acre parcel, county planning staff said.

Hal Jensen, planning director for Bannock County, told the commission the application by Justin Tobias followed the county's transfer-of-development-rights ordinance and that the Planning Council had recommended approval after an earlier public hearing. Jensen said the applicant owns about 80 acres elsewhere in the county and is transferring one of the development rights to the smaller parcel; under county rules the transfer keeps the countywide density at one dwelling per 40 acres.

The decision drew strong objections from neighbors during the public hearing. Margie Stewart, who said she lives across the road from the parcel on South Bob Smith Road, said she and her family moved to the area for its quiet and open space and worried an "overnight rental...is possibly going to cause more traffic up our road" and that ATVs and transient visitors could increase trespass risk. Lynn Stewart, a neighboring property owner, told the commissioners she believed the applicant had given the impression he was a local resident and said that after heirs sold nearby parcels previously, rental use led to trespass and vandalism.

A neighbor who identified himself in a written statement as representing Arkansas Ranches and who spoke at the hearing, Darryl Christensen, described long-standing trespass and vandalism problems tied to rental use on a nearby parcel and said county sheriff response was slow. In his remarks Christensen said his family has owned property in the area since 1971 and opposed the request "by Mister Tobias."

Planning staff answered neighbors' questions about the ordinance and process. Jensen said the minimum lot size in the county's agricultural zoning district is 1 acre but explained that density is regulated separately: "The overall density is 1 dwelling per 40 acres," he said. He described the transfer-of-development-rights provision in the county ordinance as an ag-to-ag transfer that allows development rights to be moved within Bannock County so long as the receiving parcel is zoned agricultural and the sending acreage remains undevelopable in the future.

Commission discussion noted the limited legal grounds to deny an application based on an intended use such as a short-term rental. A commissioner said there is "no legal basis to approve or deny based on what they intend to use it for," and Jensen added the state has not broadly regulated short-term rentals, leaving tax registration as the primary statewide requirement.

A motion to approve the transfer was made on the record and carried by voice vote. Commissioners also were told how to pursue an administrative reconsideration: members of the public have a 15-day window to file for reconsideration with the county, and a reconsideration request would be heard by the commissioners within 60 days without additional public comment.

At a glance: Motion — "approve the request of transfer rights as presented." Outcome — approved by voice vote (aye votes recorded); reconsideration available through a 15-day application to the county and a review within 60 days.

The hearing record includes written testimony submitted in advance and entered into the record; planning staff said those written comments were included in the commission packet and considered as part of the decision.